The China International Economic and Trade Arbitration Commission (“CIETAC”) recently revised its Arbitration Rules and will implement. The Arbitration Rules delete the provisions that CIETAC may voluntarily ask for the consent of all parties to consolidate proceedings. The latest edition of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (the Rules), which.
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If the Arbitral Court decides to engage a stenographer with the opposition from the other party, should the stenographic record be provided to the opposing party? Apart from charging the arbitration fee according to this Schedule, CIETAC may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules.
Under the PRC Civil Procedural Code, it is the courts that are empowered to grant interim measures, including property or evidence preservation orders or injunctions. The Application for the Emergency Arbitrator Procedures shall include the following information: Unless otherwise agreed by the parties, the place of the emergency arbitrator proceedings shall be the place of arbitration, which is determined in accordance with Article 7 of the Arbitration Rules.
If no time period is specified in the award, the parties shall perform the award immediately.
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arbitdation Article 1 The Arbitration Commission. The arbitral tribunal may hold deliberations at any place or in any manner that it considers appropriate. In deciding whether to consolidate the arbitrations in accordance with the preceding Paragraph 1, CIETAC shall take into account the opinions of all parties and other relevant factors such as the correlation between the arbitrations concerned, including the nomination and appointment of arbitrators in the separate arbitrations.
Unless otherwise agreed by the parties, for an arbitration administered by the CIETAC Hong Kong Arbitration Center, the place of arbitration shall be Hong Kong, the law applicable to the arbitral proceedings shall be the arbitration law of Hong Kong, and the arbitral award shall be a Hong Kong award. Where the amount in dispute is not ascertained at the arbitrayion of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee shall be determined by CIETAC.
And the parties can only learn the content of the oral hearing through the notes and recollections of their arbitration counsel. You may be trying to access this site from a secured browser on the server. Such an expert or appraiser may be a Chinese or foreign institution or natural person.
Article 18 of the Rules now formalises this procedure.
The new CIETAC Arbitration Rules : Clyde & Co (en)
A party may challenge an arbitrator in writing within fifteen 15 days from the date it receives the Notice of Formation of the Arbitral Tribunal. In practice, however, this amendment will give little comfort to affected parties.
Arbitration participants shall proceed with the arbitration in good faith. We believe the following eight aspects in the Arbitration Rules are noteworthy: Damages for breach of an international arbitration agreement under English arbitration law. The Chairman of CIETAC shall make a final decision on whether or not an arbitrator should be replaced with or without stating the reasons. Use of a stenographer. Where a party becomes aware of a reason for a challenge after such receipt, the party may challenge the emergency arbitrator in writing within two 2 days after such reason has become known, but no later than the formation of the arbitral tribunal.
To some extent, the consolidation is a procedural relief for those parties who fail to initiate multiple-contract arbitration at the very beginning. Section 1 Request for Arbitration, Defense and Counterclaim.
Special provisions for Hong Kong arbitration A new chapter is added to the New Rules with special provisions for Hong Kong arbitration. Where a case is to be dismissed prior to the formation of the arbitral tribunal, the President of the Arbitration Court shall make cietaac decision on the dismissal. From 2, to 5, Article 2 Structure and Arbitratiln.
CIETAC shall have the power to decide not to join an additional party where the additional party is prima facie not bound by the arbitration agreement invoked in the arbitration, or where any other circumstance exists that makes the joinder inappropriate.
The President of the Arbitration Court shall make a final decision on the challenge of the emergency arbitrator. An arbitrator shall not represent either party, and shall be and remain independent of the parties and treat them equally. If a party fails to file a challenge within the above time period, it may not subsequently challenge the arbitrator on the basis of the matters disclosed by the arbitrator.
The written record, the minutes and the audio-visual record of an oral hearing shall be available for use and reference by the arbitral tribunal. Article 46 Withdrawal and Dismissal. In addition, there is no provision regulating the details of the consolidation, such as adjustment of arbitration fees or remuneration of the arbitrators, enforcement of court rulings on interim measures, the appointment of arbitrators when more than two parties have conflicts of interests, and the adjustment of the starting point for calculating the time limit for rendering an award, etc.
If a party has justified reasons for failure to submit a request for a postponement of the oral hearing in accordance with the preceding Paragraph 1, the arbitral tribunal shall decide whether to accept such a request.
Article 4 Place of the Emergency Arbitrator Proceedings. Article 29 Multiple-Party Tribunal. Either party may, within thirty 30 days from its receipt of the arbitral award, request the arbitral tribunal in writing for an additional award on any claim or counterclaim which was advanced in the arbitral proceedings but was omitted from the ciegac.